Once workers arrive, your H-2B obligations begin immediately — and they don't end until every worker is home. Wage compliance, the three-fourths guarantee, worksite limitations, separation notices, document retention, and return transportation are all on you. These requirements are detailed, enforced, and the source of most employer violations I see. Part 5 of the H-2B From the Start series breaks down exactly what you're on the hook for — before a problem surfaces.

DOL certification isn't the finish line — it's the halfway point. Once certified, you move into USCIS filing, consular processing, and getting workers from their home country to your job site. Each phase has its own timeline pressures and its own points of failure. The employers who navigate this well aren't waiting for updates — they're receiving them proactively.

The DOL certification process is the foundation of every H-2B case — and where the most preventable mistakes happen. Part 3 of the H-2B From the Start series breaks down prevailing wage determinations, the 9142B filing, SWA job orders, Notices of Deficiency, and recruitment documentation requirements. If you're a first-time filer or have struggled with timeline issues, this one is worth reading carefully.

Every season, H-2B employers face the same uncertainty: the lottery, the cap, the consulate. This series explores the H-2B to PERM pathway — how EB-3 labor certification converts your most reliable returning workers into permanent employees, and why running both programs together builds the workforce stability that H-2B alone can't provide.

The construction industry needs nearly 500,000 additional workers in 2026. Ninety-two percent of contractors say they can't find qualified people. Forty-five percent report labor shortages are directly causing project delays. And only 10% are using the legal program built specifically to address it. H-2B visas offer construction contractors predictable, project-specific workers — planned into your bid, not scrambled for after hiring fails.

The H-2B visa allows U.S. employers to hire foreign nationals for temporary, non-agricultural positions when qualified U.S. workers aren't available. It's employer-sponsored, compliance-intensive, and subject to an annual cap of 66,000 visas. Before you file anything, there's a conversation worth having about your business model. H-2B attorney Meagan Kirchner walks through the basics — what it is, who qualifies, and what to consider before you start.

If you've been using the H-2B program for five or more years and doing everything right — timely filings, clean compliance record, consistent DOL labor certifications — there's a piece of pending legislation that could meaningfully change how the annual cap affects your business. The Certified Seasonal Employer (CSE) Designation would permanently exempt qualifying employers' peak historical workforce from the 66,000 annual cap. But the window to support it is narrow, and it o

DOL processing of FY2026 second-half H-2B applications hit Group F this week — and the timing couldn't be more complicated. Updated data shows only a small slice of Group F, if any, will make it under the returning worker supplemental cap. But the cap isn't even the whole story. Consular interview scheduling is running 3–4 weeks behind, and Holy Week closures in Mexico are making it worse. H-2B employers deserve a program that functions. Right now, they're not getting it.

On March 20, 2026, USCIS announced that the H-2B statutory cap for the second half of FY 2026 has been met, with March 10 established as the final receipt date. Employers who missed the cap are not without options — the supplemental returning worker allocation opens March 25, offering 27,736 visas for start dates of April 1–30. But eligibility is strict, the window is narrow, and the irreparable harm attestation is not a formality. Here is what you need to know now.

Many employers ask: “ Okay… but what are my real chances of getting workers ?” First — A Quick Refresher on How Supplemental Visas Work For FY 2026, the government created 64,716 additional H-2B visas beyond the regular cap. They are divided by start date of need, not by lottery group: ➡️ April 1 – April 30, 2026: 27,736 visas (returning workers only) ➡️May 1 – September 30, 2026: 18,490 visas (new OR returning workers) This matters because lottery group affects how early you